'What they said is that what the judge did in dismissing for insufficient evidence is wrong. But he could get to the same place by reviewing the case as what we call a 13th juror.'

Brunon said he would have to do additional research to understand the potential implications.

Attorney Steve Sadow, who represents Stern said it was clear from the decision that Stern cannot be tried again without double jeopardy violations. But he said Perry could again review Stern’s motion for a new trial.

Guilty: Howard Stern, pictured, and psychiatrist Khristine Eroshevich were found guilty in 2010 of conspiring to obtain prescription drugs for the troubled model by using false names

Conspiracy: An appellate judge ruled Khristine Eroshevich, pictured, was right to be convicted of conspiracy in relation to fueling Smith with drugs

'If he granted the motion, Howard still could not be tried again,' Sadow said.

Sadow said the appeals court obviously had been wrestling with the issue of double jeopardy and had the parties brief it several times.

The two guilty verdicts against Eroshevich and Stern on conspiracy counts involved the use of false names to obtain prescription pain medications for Smith.

Eroshevich also was convicted of one count of obtaining Vicodin under a false name.

Perry dismissed the conspiracy counts and reduced the one conviction against Eroshevich to a misdemeanor with a sentence of one year of probation and a $100 fine. Her lawyer said she has fulfilled those terms.

At trial, Perry suggested authorities had chosen the wrong case to prove their point and indicated they did not understand the legislative intent of the law involving prescription drugs.

'There is no doubt that there are doctors who are nothing more than pill pushers and should be prosecuted and imprisoned,' he said in his ruling. 'This case did not involve such doctors.'

A co-defendant, Dr. Sandeep Kapoor, who was Smith's physician, was acquitted of all charges.

The defendants' nine-week trial was the final act of the long-running drama centering on the blonde beauty's troubled life, which was documented on reality TV, in tabloids and in trial testimony.